Terms & Conditions
I want all my customers to be happy with my products and service, so if you
have any problems or concerns then please get in touch with me in the first instance
and I will do my best to address any concerns or problems.
The Terms and Conditions below set out the necessary legal "small print"; please note
that you may also have additional statutory rights (such as the Distance Selling
Regulations 2001 applicable to UK Consumers only), and nothing in these Terms detracts from those rights.
1. General:
All goods sold by me are sold subject to the following terms and conditions unless
otherwise agreed in writing. Conditions attached to the Customer's order, where those
are at variance with these terms and conditions, shall not be binding upon Studio Devona unless accepted in
writing by a duly authorised person on behalf of Studio Devona.
2. Price and Delivery:
(a) Price quotations are valid for thirty days. Once an order has been accepted the quoted
price will normally be held, however Studio Devona reserves the right to vary prices
in the event of unforeseen increases in materials costs.
(b) Delivery dates are given in good faith and every effort will be made to adhere to them.
However time shall not be deemed to be of the essence, and Studio Devona cannot accept
liability for late delivery where the cause of delay is beyond Studio Devona's
reasonable control.
3. Title and Risk:
(a) Legal title to the goods shall remain with Studio Devona until such time as Studio Devona has received full payment of the price of the goods and the price of any other
goods also supplied by Studio Devona to the Customer, whereupon title shall pass to
the Customer. Until that time the Customer shall keep the goods as the fiduciary agent
and bailee for Studio Devona, although the Customer may sell the goods to a third
party within the normal course of its business on the condition that it shall account to
Studio Devona for the proceeds of such sale.
(b) If the Customer enters liquidation, has a winding up order made against it, has a
receiver of its assets appointed or is in default of any payment due to Studio Devona
for longer than seven days then the right of the Customer to keep the goods shall be
forfeit and Studio Devona shall have the right (immediately after giving notice of its
intention to do so) to enter the Customer's premises and repossess all such goods the
title in which remains with Studio Devona.
(c) Notwithstanding the above the risk in the goods shall pass to the Customer immediately
upon delivery of the goods to the Customer's premises, and the Customer shall remain
liable to Studio Devona for the price of the goods in the event of loss or damage to
the goods.
4. Payment:
(a) Unless otherwise agreed in writing, goods are to be paid for in full before delivery is
made. I reserve the right to require a partial payment (deposit) to be made before
we commence work on large or bespoke orders.
(b) Where credit facilities have been granted in writing, payment shall be made at the
office of Studio Devona on or before the thirtieth day after the Invoice Date (Tax
Point). Studio Devona reserves the right to charge interest at 3% per month on any
amount outstanding after the due date.
5. Specifications and Performance:
(a) Any performance figures quoted are given in good faith and based upon performance
levels actually obtained in tests performed by Studio Devona. However Studio Devona
cannot guarantee performance where conditions of use are beyond my control or may
be affected by interaction with products or materials not supplied by Studio Devona.
(b) Every effort is made to ensure the accuracy of technical data and literature relating to
the goods, but Studio Devona (so far as permitted by law) shall have no liability in
contract, tort or otherwise for any error or omission therein or any consequences of
such error or omission.
6. Faulty or Damaged Goods:
All goods are inspected and, for electronic products, functionally tested prior to
packing. If the goods are found to be damaged, incomplete or faulty on arrival, the
customer shall give notice thereof to both Studio Devona and the carrier within 7
days of delivery.
7. Guarantee:
(a) Studio Devona guarantees to replace or repair any goods manufactured by it and found
to its satisfaction to be defective as a result of faulty design, materials or
workmanship for a period of 12 months from the date of delivery. Studio Devona shall
not accept liability for any faults caused or contributed to by modifications or repairs
performed other than by Studio Devona, nor for faults caused to the goods by improper
use, mechanical shock or operation beyond their specified environmental and electrical
limits. Breakage of fired ceramic items is explicitly excluded from any Guarantee owing to their inherently
fragile nature. For goods repaired or replaced by Studio Devona the guarantee shall terminate
at the end of the original guarantee period.
(b) Goods not manufactured by Studio Devona are supplied on condition that the liability
of Studio Devona in contract, tort or otherwise shall under no circumstances exceed
the liability of the manufacturer of such goods to Studio Devona.
(c) Repairs outside the terms of the Guarantee (e.g. to products outside the guarantee
period) will be made at a standard hourly charge plus parts cost. Current charges are
available on request from Studio Devona.
(d) Goods returned for repair or replacement must be returned to Studio Devona at the
Customer's expense and risk, with a written report of the fault. Return carriage after
repair will be charged to the Customer.
8. Force Majeure:
Studio Devona shall have no liability for failure or delay in delivery or in
performance of any of its obligations hereunder due to any cause outside Studio Devona's control.
9. Intellectual Property Rights:
The Customer agrees not to attempt the reverse-engineering, copying or replication of
any part of any artistic, electronic, mechanical or chemical product over which Studio Devona holds Copyright or any other intellectual property right, nor to permit any
other party to attempt such reverse-engineering, copying or replication.
10. Limitation of Liability:
(a) Except where such exclusion is prohibited by law, Studio Devona shall not be liable in
contract, tort, breach of statutory duty or otherwise for any loss or damage whatsoever
(including any kind of consequential or indirect losses, loss of use, loss of profit or
loss of business), howsoever suffered by the Customer or other party, beyond that
provided in Section 7 above, and in any event Studio Devona's liability (except in
cases of personal injury or death caused by the negligence of Studio Devona) shall not
exceed the purchase price of the goods.
(b) Studio Devona's products are not intended for use in safety-critical applications
(defined as those whose failure to perform would cause a risk of death or injury) unless
such use is specifically authorised by special contract signed by a duly authorised
agent of Studio Devona. Studio Devona shall not accept any liability whatsoever for
any unauthorised use in such applications.
11. Export Control:
The Customer accepts responsibility for complying with any applicable export controls in
the event that the Customer exports the goods from the country in which the sale was
made.
12. Cancellation and Returns:
Cancellation of any order, once placed, must be given in writing and is not operative
until written confirmation thereof has been received by the Customer. Studio Devona
reserves the right to refuse any cancellation, or to levy any charge not exceeding the
total value of the order in the event that such cancellation causes any loss to Studio Devona. Except as provided in Section 7 above, no returns are permitted without
Studio Devona's prior agreement.
13. Law:
(a) This contract shall in all respects operate and be construed as an English contract and
be subject to the jurisdiction of the English Courts.
(b) For all legal purposes including but not limited to the determination
of applicable jurisdiction, all sales are deemed to take place at my studio address in Devon, England.
14. Enforceability:
If any provision or part of these Terms shall be ruled illegal or unenforceable by the English Courts
then that provision or part alone shall be deemed stricken from these Terms, and shall not affect
the legality or enforceability of any other part or provision of these Terms.